The following Personal Information Collection Statement is provided to you by MA Asset Management (HK) Limited (“Company”) pursuant to the Personal Data (Privacy) Ordinance of Hong Kong (“Ordinance”) in connection with your provision of personal data or information (“Data”) to the Company from time to time.
- From time to time, it is necessary for you to supply the Company with Data in connection with various matters such as to facilitate the account opening process with the issuer or the fund manager (“Issuer”) or in compliance with any laws or guidelines issued by regulatory or other authorities. It is not mandatory for you to provide your Data. In the event that you do not provide such Data, the Company may not be able to facilitate with any administrative and/or onboarding procedures with the Issuer, including ascertaining whether you are considered a “professional investor” (as defined under the Securities and Futures Ordinance of Hong Kong (Cap. 571) (“SFO”).
- The kind of Data that may be collected includes, but is not limited to, name and address, occupation, contact details, date of birth, marital status, nationality, identity card or passport numbers, details of financial and investment status.
- Provision of the Data is voluntary. However, failure to supply such Data may result in the Company being unable to facilitate with any administrative matters (including any requisite onboarding procedures with the fund manager) or unable to comply with any laws or regulations or guidelines and codes issued by regulatory or other authorities.
- It is also the case that Data is collected from you during any communication with the Company, for example, when you direct the Company to liaise with the Issuer in relation to any general enquiries or generally communicate verbally or in writing with the Company.
Purpose and use:
The purposes for which Data may be used will vary depending on the nature of your relationship with the Company. The Company intends to use your Data for any or all of the following purposes:
- to facilitate the process of opening your account with the Issuer including confirming and verifying your status as a “professional investor” as defined under the SFO, and assisting with any relevant AML/KYC processes as requested by the Issuer;
- any purpose related to the acting as the local contact for the Issuer, and assisting with any onboarding measures and relevant AML/KYC processes;
- use of your Data in direct marketing of one or more of the following products / services: (i) collective investment schemes managed, advised, distributed or promoted by the Issuer, (ii) asset management, investment advisory, wealth management or any other investment related services by the Issuer, and (iii) any other financial or investment products or services offered by the Issuer;
- meeting obligations, requirements or arrangements of the Company and/or the Issuer and affiliates of the Issuer to comply with, or in connection with any laws, regulations or rules binding on the Company and/or the Issuer or any rules, codes, guidelines or directions issued by such legal, governmental, regulatory, tax, law enforcement or other authorities with which the Company and/or the Issuer (as applicable) is expected to comply (including but not limited to the laws, regulations and international agreements for the implementation of automatic exchange of financial account information ("AEOI") and the U.S. Foreign Account Tax Compliance Act ("FATCA")), including, where applicable, for the purpose of assisting the Issuer that the Company provides services to in obtaining any exemption, reduction or refund of any withholding or other taxes imposed by any taxing authority or other government agency; and
- any other purpose directly related to the above.
Retention and access:
- The Data collected may be maintained for such period of time required under applicable law and as otherwise needed to fulfil the purposes set out above, but may not be kept longer than is necessary for the fulfillment of the purposes set out above.
- Data held by the Company relating to you will be kept confidential and the Company will take all practical steps to ensure that Data is kept secure against unauthorized or accidental access, loss, disclosure and destruction.
- The Company may provide, or where necessary, facilitate the provision of such information to the following parties, whether inside or outside of Hong Kong, for the purposes set out in the “Purpose and Use” section above: Please note that such information may be transferred to a place outside Hong Kong, including but not limited to Australia. We have not assessed whether foreign jurisdictions outside of Hong Kong maintain privacy laws that are substantially similar to the privacy laws of Hong Kong or whether they afford a similar level of privacy protection. You nevertheless consent to us disclosing your personal data overseas to fund managers located outside of Hong Kong for this purpose.
- the Issuer of the relevant fund which you are subscribing for units or interests in;
- the ultimate holding company of the Company, its subsidiaries, representative offices, companies within the group to which the Company belongs, associated companies and/or affiliates, as well as the Issuer (together, the “Company Affiliates”);
- the service providers of the Company and the Company Affiliates, including but not limited to the bank, lawyer, accountant and auditor of the Company and the Company Affiliates;
- any contractor or third party service provider who provides administrative, research, design, launch, digital or telecommunication or other services to the Company or the Company Affiliates in connection with the operation of its business;
- the employees, officers, directors of the Company and the Company Affiliates; and
- the Securities and Futures Commission, any relevant exchange, any legal, governmental, tax, law enforcement or other regulatory authority, body or entity under any domestic and foreign applicable laws and regulations (including but not limited to Automatic Exchange of Financial Account Information and FATCA), rules, codes, guidelines or directions to which the Company and/or the Issuer is subject. Please note that the Company may not use your Data for direct marketing purposes unless we have received your consent (which includes an indication of no objection) for such use. We may also not provide your Data to third parties for use by such third parties in direct marketing unless we have received your consent for such provision. You may, at any time and without charge, request that we cease using your Data for direct marketing purposes by writing to us at the contact details below.
- Under AEOI and FATCA, financial institutions including the Issuer are required to identify account holders and controlling persons of certain entity account holders who are reportable foreign tax residents and report their Personal Data (including but not limited to their name, address, jurisdiction(s) of tax residence, tax identification number in that jurisdiction(s), and account balance and income information) to the local tax authority where the financial institution operates or directly to the U.S. Internal Revenue Service. The local tax authority will provide this information to the tax authority of the reportable foreign tax resident's country of tax residence on a regular, annual basis. Without limiting the generality of this Statement, the Company may assist the fund manager, where necessary, in transmitting Personal Data to the Hong Kong Inland Revenue Department or any other relevant domestic or foreign tax authority for transfer to the tax authority of another jurisdiction. The Company and the Company Affiliates may also assist the Issuer, where necessary, in transmitting any Personal Data to the U.S. Internal Revenue Service.
- Under the Ordinance, you have the right to, amongst other things:
- check whether the Company holds Data about you, and access to such Data;
- require the Company to correct any Data relating to you;
- ascertain the Company’s policies and practices in relation to data and to be informed of the kinds of Data held by the Company; and
- to the extent that the Company wishes to use your Data for direct marketing purposes, object to the use of your Data for such purposes or withdrawal of any consent and the Company shall not use your Data in any way for direct marketing purposes after you communicate your objection or withdrawal to the Company, the first two above points being a “Data Access Request”.
- Upon receiving a Data Access Request, the Company will process it within a reasonable time. In accordance with the Ordinance, the Company has the right to charge a reasonable fee for processing any Data Access Request and/or refuse a Data Access Request with reasons of refusal provided to you. You are entitled to object to a Data Access Request refusal from the Company.
- To submit a Data Access Request or for information regarding the Company’s policies and practices relating to Data, please contact:
Suite 2917, 29th Floor,
Two International Finance Centre,
No. 8 Finance Street,
Central, Hong Kong
Attn: Complaints Officer
The Company reserves the right, at any time and without prior notice, to add to, change, update or modify this Statement.
Nothing in this Statement shall limit your rights under the Ordinance.